General Terms and Conditions
And
Instructions to Bidders
Request for Bid (RFB)
Any communications from bidders regarding specifications, requirements, competitive bid process, etc., should be directed to the College Vice President of Administrative Services. It is the responsibility of the person or organization communicating the request to ensure that it is received. To guarantee a timely response, such communication should be received at least ten calendar days prior to the bid opening.
The RFB document and any attachments constitute the complete set of specifications and bid response forms. No verbal or written information that is obtained other than through this RFB or addenda shall be binding on the College. No employee of the College is authorized to interpret any portion of the RFB or give information as to the requirements of the RFB in addition to that contained in or amended to this written RFB document. In case of any doubt or difference of opinion as the time intent of the RFB, the decision of the College Vice President for Administrative Services shall be final and binding on all parties.
Unless otherwise specifically stated in the RFB, all specification and requirements constitute minimum requirements. All bids must meet or exceed stated specifications and requirements. All pricing submitted in response to this RFB is firm and fixed.
Whenever the name of a manufacturer, trade name, or model and catalog numbers followed by the words “or equal” or “approved equal” are used in the specifications it is for the purpose of item identification and to establish standards of quality, style and features. Bids on equivalent items of the same quality are invited. However, to receive consideration, such equivalent bids must be accompanied by sufficient descriptive bid literature and specifications to clearly identify the item and provide for competitive evaluation. The College will be the sole judge of equality and suitability. Whenever the name of a manufacturer is mentioned in the specifications and the words “or equal” do not follow, it shall be deemed that the words “or equal” follow unless the context specifies “no substitutions.” Unless noted on the bid form, it will be deemed that the article furnished is that designated by the specifications. The College reserves the right to return, at contractor’s expense, all items that are furnished which are not acceptable as equals to items specified and Contractor agrees to replace such items with satisfactory items as the original bid price.
Time will be of the essence for any orders placed as a result of the RFB. The College reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the bidder and accepted by the College. Unless otherwise specified in the Detailed Specifications and Special Conditions, all bids shall include packing, handling, and shipping charges FOB destination, freight prepaid and allowed.
By submitting a bid, the bidder agrees to provide the specified products and/or services in the RFB, at the prices quoted, pursuant to all requirements and specifications contained therein. Furthermore, the bidder certifies that: 1) the bid is genuine and is not made in the interest of or on behalf of any undisclosed person, firm or corporation, and is not submitted in conformity with any agreement or rules of any group, association, or corporation; 2) the bidder has not directly nor indirectly induced or solicited any other bidder to submit a false or sham bid; 3) the bidder has not solicited nor induced any person, firm or corporation to refrain from responding; 4) the bidder has not sought by collusion or otherwise to obtain any advantage over any other bidder or over the College.
Modifications or erasures made before must be initialed in ink by the person signing the bid. Bids, once submitted, may be modified in writing prior to the exact date and time set for the bid closing. Any such modifications shall be prepared on company letterhead, signed by a duly authorized representative, and state the new document supersedes or modifies the prior bid. The modification must be submitted in a sealed envelope marked “Bid Modification” and clearly identifying the RFB title, RFB number and closing time and date. Bids may not be modified after the bid closing time and date. Telephone, email, or facsimile modifications are not permitted.
Bids may be withdrawn in writing, on company letterhead, signed by a duly authorized representative and received at the designated location prior to the date and time set for bid closing. Bids may be withdrawn in person before the bid closing upon presentation of proper identification. Bids may not be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids.
All bids, information, and material received by the College in connection with an RFB response shall be deemed open records pursuant to Kansas Open Records Act (KORA, KSA 45-215). If a bidder believes any of the information contained in the bidder’s response is exempt from KORA, then the bidder’s response must specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the College will treat all material as open records. The College shall make the final determination as to what materials are or are not exempt.
The College reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications for RFB and whose bid is considered to best serve the College’s interest. In determining responsiveness and responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity, and skill of the bidder to perform as required; whether the bidder can perform promptly, or within the time specified without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the bidder; the quality of past performance by the bidder; the previous and existing compliance by the bidder with related laws and regulations; the sufficiency of the bidder’s financial resources; the availability, quality, and adaptability of the bidder’s equipment, supplies and/or services to the required use; the ability of the bidder to provide future maintenance, service and parts.
The College reserves the right to accept or reject any or all bids and to waive any technicality or informality.
The contract to be awarded and any amount to be paid shall not be transferred, sublet or assigned without prior approval of the College.
No equipment, supplies and/or services received by the College pursuant to a contract shall be deemed accepted until the College has had a reasonable opportunity to inspect said equipment, supplies and or services. All equipment, supplies and/or services which do not comply with specifications and/or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective or which do not perform to any warranty of the Contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.
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Copyright 2019, Cloud County Community College
2221 Campus Drive
Concordia, KS 66901
631 Caroline Ave.
Junction City, KS 66441
800-729-5101